Ranjeet Singh vs State Of Punjab
2022 Latest Caselaw 7089 P&H

        IN THE HIGH COURT OF PUNJAB & HARYANA AT
                        CHANDIGARH

103
                                              CRM-M No.30370 of 2022
                                              Date of Decision: 18.07.2022

Ranjeet Singh                                                   ....Petitioner

                                    Versus

State of Punjab                                                 ...Respondent

CORAM:       HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

Present:-    Mr. Harmandeep Singh, Advocate
             for the petitioner.
                    ....
MEENAKSHI I. MEHTA, J. (Oral)

The petitioner herein has sought the relief of pre-arrest bail in

the criminal case arising out of the FIR bearing No.361 dated 18.12.2014

registered at Police Station Sadar Ferozepur, District Ferozepur, under

Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985,

while averring that vide the order dated 09.03.2015, learned Special Judge,

Ferozepur, had granted the relief of interim bail to him but now, the trial

Court has issued the bailable warrants against him.

2. Mr. Sandeep Singh Deol, learned Deputy Advocate General,

Punjab, has appeared in this case in pursuance of the copy of the present

petition having been sent to the respondent-State in advance.

3. I have heard learned counsel for the petitioner as well as

learned State counsel in the instant petition and have also perused the file

carefully.

4. As per the allegations as levelled in the subject FIR, the

petitioner was found in possession of total 1020 Alprazolam tablets. It has

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specifically been mentioned in para No.4 of order Annexure P-2 that vide

the order dated 09.03.2015, learned Special Judge had granted the relief of

interim bail to the petitioner till the presentation of the report of the

Chemical Examiner and in para No.5 therein, it has further been mentioned

that the above-said report has been received and the Challan has already

been presented in this case and despite the issuance of notice to the

petitioner, he did not appear in the Court.

5. It has categorically been observed by the Apex Court in

Manish Jain vs. Haryana State Pollution Control Board, Special Leave to

Appeal (Crl.) No.5385 of 2020 (arising out of the impugned judgment

and order dated 09.10.2020 in CRMM No.31881 of 2020 passed by the

High Court of Punjab & Haryana at Chandigarh) decided on 20.11.2020

that "a person released on bail is already in the constructive custody of

law and if law requires him to come back to the custody for specific

reasons, the application for anticipatory bail apprehending arrest, would

not lie". These observations are fully applicable to the present case and in

the light of the same, it is held that the present petition, as moved by the

petitioner for seeking the relief of pre-arrest bail, is not maintainable.

Resultantly, the same stands dismissed accordingly.

                                                (MEENAKSHI I. MEHTA)
18.07.2022                                            JUDGE
neetu

                    Whether speaking/reasoned:         Yes

                    Whether Reportable:               No




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